WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Friday, October 27, 2006

HELP FOR THE BLIND

A misguided reader wrote this partial comment
the other day in response to another attorney’s
comments about everyone’s favourite federal blogger:

You stick up for Marcus because you too have traded fame-always seeking Herald and tv attention- for your sole. You would love to defend a Colombian drug lord who kills witnesses if the money was right.


Rumpole says- let us help you:

1) Careful readers of this blog know by now it's "Markus with a K."

2) The word is "soul" unless you seriously meant that the attorney would sell his fish or the bottom of his shoe.

3) We would love to defend the Colombian drug lord. We would love to defend any difficult serious case. So would any good criminal defense lawyer worth his or her salt.

You confuse the desire of a lawyer to do their work and do it well, with the crime.
No lawyer wants anyone, Colombian drug lord or common street thug, to kill anyone.

But if the Colombian drug lord is accused of a crime, then we want the case.

See how that works?


Because if we refuse to represent a client based on the facts, then the security guard who planted a bomb to be a hero doesn't get anyone to defend him because its a nasty infamous crime, except Richard Jewel was innocent as we now know.

There. Do you feel better now?


The only thing that sustains one through life
is the consciousness of the immense inferiority
of everybody else,
and this is a feeling that I have always cultivated.
Oscar Wilde

Rumpole says: Ditto for us.

See You In Court.

66 comments:

Anonymous said...

what a lame post. try again rumpole

Rumpole said...

Stop reading.

Anonymous said...

can abe explain how he could lose to a piece of shit like ellis rubin? please

Anonymous said...

stop reading, huh. I had to read it to decide what a lame piece it was.

Anonymous said...

Rumpole rumor is your herald buddy was fired

Anonymous said...

Ellis rubin just retired.

abe laeser said...

Lunchtime quickie: Lost to Ellis around 1975. He represented a member of the Chilean consular staff, who had been in his home.

In response to a complaint call from neighbors, Officer Tony Dominguez (MBPD) arrived, alone. He described the consular official as being very drunk, and the official became more than vociforous in the doorway area to the home. When the officer asked him to keep the noise level down, he claimed that he was struck and wrestled to the ground. He had more than enough injuried to proceed as a resisting/felony. There was never enough time to call for a backup officer before the defensant had been cuffed.

There were at least four persons at the 'party' who testified that no blows were struck and that they could see no reason for the arrest. Everyone wore their Sunday best to Court - it looked like Easter at a banker's convention.

Circumtantial evidence convinced me that the officer's version was accurate. I must assume that the jury acted properly in finding a reasonable doubt.

It was a case that I felt needed to be tried, although my peers were quick to point out that it was not a 'winner'. They were proven correct.

Anonymous said...

here is the link in case the above is too long:

http://www.law.com/jsp/article.jsp?id=1160471119300


Will Law Firm Blogs Be Regulated as Advertising?

Anonymous said...

Rumpy,

Edit anything that is real long.

omar said...

on the prowl for more pelt...

Anonymous said...

its all lies, all lies, lies I say

Anonymous said...

Rump, I woke up with a hangover this morning, but I could have sworn it was still Thursday. I better take my ass to court and explain to Judge Adrien why I missed sounding before he issues a rule to show cause against me.

Anonymous said...

blame it on the rain

Anonymous said...

JUSTICE AT THE HUMAN LEVEL
VOTE #94

Occasional Looser said...

Hey Abe, we get it, you are a great lawyer.

But, can you admit to ever loosing a case you should have won?

This was the second post that you pointed out that the case was not proven beyond a reasonable doubt. You are absolutely right...technically. I NEVER lost a case as a prosecutor...that I did not prove beyond a reasonable doubt. But, I lost cases that I should have won.

Anonymous said...

Wouldn't a "Columbian" drug lord presumably be prosecuted in Manhattan, and therefore likely hire counsel other than Rumpole and/or David Markus?

Anonymous said...

i think you mean brooklyn ny.

Anonymous said...

I don't know about the Columbian
drug lords. I mean that would be nice, but for now I'll stick to my
bread and butter - the psychopath
who kills over a 5 dollar insult
or for a 300 dollar rip off or for
an ex-girls new guys slight.

Anonymous said...

Rumpole,

I just read judge piniero's 18 page order on the suppressed murder confession on the web.
The last paragraph is especially good music for those of us who believe in the bill of rights:

However, we cannot let our zeal and thirst for retribution lead us to the point where we end up cutting corners, bending the rules, perhaps stretching the truth to get to that suspect whom our gut tells us must have done it. When we do so, not only do we face the possibility of wrongfully accusing the innocent and of letting the guilty off Scott free, but of destroying that which makes our society worth protecting—the rule of law. Only when we are willing to accord the least of us, to those charged with the worst crimes, due process of law can we truly preserve our Creator endowed “inalienable rights of life, liberty and the pursuit of happiness.”

I know he's applied to the 3rd dca in the past. Well, he can kiss it good bye (unfortunately).

Anonymous said...

Rumpole, you there?

Hello, Rumpole.

Rumpole, is everything O.K.?

Hello, Rumpole.

Rumpole, you there?

O.k. I am worried not a single peep from Rumpole since very early this morning. Is there any old hack lawyers that were two cookies away from a deadly heart attack?

Rumpole, please answer.....someone call 911 and send them to Phil. R's crip.

abe laeser said...

To 4:52 blogger - if it makes you believe that I am a mere mortal (even I actually believe this to be true), here goes:

Defendant: Harry Nellicliff. Attorney: Bob Rosenblatt (PD)

Harry pulled an Armed Robbery at a donut shop in North Miami. He was about 6"5' and weighed nearly 300 pounds. The BOLO goes out and he is seen in the area by a patrol officer. He is brought back to the scene and two people in the store make an immediate I.D.

Rosenblatt argues that they could have gone to Dolphin training camp to get volunteers for a live line-up, after the investigator explains that he could not get people in the jail who met the description to make up a live line-up.

The jury acquits Harry. Go figure!

He pleads to his other robbery.

OK - I lost one that I really believed I would win. It was 1974. I still remember all of the ones I lost - in sharp detail. I never liked the feeling - no, far more than that, it sickened me. Maybe that helped me become a more prepared attorney.

P.S. I will decline to describe the ones I won with plenty of evidence. Although there is more pressure in those cases, because you are expected to win; it really is far less of an accomplishemnt to win a 'winner'.

Now since my wife is from St. Louis, and the Cards + Tigers are tied 4-4 in the 8th inning, I have some cheering to do.

Anonymous said...

For all of the academically and geographically challenged attorneys and ley bloggers....that's Colombian drug lord, not Columbian. Unless of course you mean D.C., or ivy league drug lords.


smart.

Anonymous said...

I'm curious to see how many of you liberals complain about Pineiro's reference to the "Creator" in an order where he reaffirms the rights of the downtrodden.

Rumpole said...

I'm sorry. Bit busy. Yesterday was a travel day. Have to earn a living you know. The readers will have to carry the ball today.
Great stuff by Mr. Laeser. Confirms my previous assertion that great trial lawyers become great by learning from their losses. Its not easy. Its not fun. But to get better, it needs to be done.

Occasional Looser said...

Abe, I wrote the post that you responded to.

Now, you are my fucking hero!

Thank you.

Anonymous said...

LOSER has only one 'O' in it, you loser.

Anonymous said...

dumb ass loser.

Anonymous said...

Legend in his own mind writes: the only trial I ever lost was a dui where the trooper left the blood in the trunk of his car. Anybody, and I mean ANYBODY, who believes that you can try cases for 30 years and lose 4 trials needs to invest in swampland. What is a loss, what is a win. If I try a att. 1st murder and the verdict is att.2nd is that a "win"- a not guilty verdict? Do you then represent that you just tried an att. 1st deg. murder case and say my client was found not guilty and hope that they don't ask the next question- what was he convicted of- if anything? The only record I have heard better than the one Laesar professes to have was Vincent Bugliosi - he won 105 of 106 felony trials in L.A. - he did the Manson case- lead to a book and movie. In my not so humble opinion anyone who "WINS" almost every case they ever have is ducking the tough cases. Hey Abe: how many cases did you go to trial on where the victim was drunk, a drug addict, had a felony record, the confession or search was suppressed - etc. Oh, and another thing which needs to be pointed out so as not to give an inferiority complex to all the young attorneys who buy abe's crap- you have been doing almost nothing but murder cases for 25 years and in most murder cases the defendant is going down-no ifs and or buts and it doesn't matter who is trying the case-state or defense. Jurors don't come to the REGJB to walk people on murder cases and it almost never happens unless it is a case where main or only witness is killed or threatened. Young lawyers out there- do not be discouraged if you don't win every case - the ones you "lose" are the ones you analyze to death and learn from. If you win 6 trials in a row as an asa you think you are great and can overestimate your ability. THERE IS ALWAYS SOMETHING TO LEARN. The best example is that DNA and ryce law didn't even exist when I was in law school in the 80's. Now- please write in about grammar, spelling, punctuation and neglect the theme- Laesar's trial record is an inaccurate way of characterizing his skill level. He is a great lawyer - but not because he only lost "4" cases. How many prosecutors who never lost a case have been humiliated on court tv when they actually had pressure and a good defense defense attorney. Most recently it happened to Orlando's top asa and we know what happened to Marcia Clark and the woman in Palm Beach that Roy B. destroyed in the Kennedy case- she had never lost either.

omar said...

i've won my share and lost a few along the way. i've beat great lawyers and lost to hacks. i've had drunk witnesses and i've had sober church going victims. but in the end:

the game is game.

abe laeser said...

Folks, (fellow bloggers) this is getting way too silly!!

I would never even lie to myself + say that I am great. Even my own huge ego has clear limits.

Having someone else call me great, their hero, or even a complete asshole does not make me better or worse - as a lawyer, or a person. Neither the praise nor the insults - even those that do hurt - describe who I am.

On the other hand, I have watched Bugliosi, Marcia Clark, and the un-named lady in WPB who was astounded that anyone could have sex twice in the same night. I learned that one's reputation may fall by the wayside in an instant when the world is watching. It can be patched up, but never truly repaired. You really might be only as good as your last trial.


I lost the cases I mentioned a while ago. I know I lost many cases in County Court - it really is a learning experience. I loved the trials, but had very little skill in altering the results. Some I lost because I was outclassed, some due to the evidence, or that the witnesses were awful, and some because the Judge made incredibly obtuse rulings. Those things subsided as I handled more and more difficult and complicated felonies.


This TRIAL LAWYER stuff is an Art, a Craft, a Skill. Trial work can be learned by nearly all, and practice and preparation begin to separte the curds from the whey. This profession is not rocket science. Plenty of people came through this office with loads of talent and left long before they became more than flash-in-the-pan lawyers. I always tell younger lawyers that they can do it - but there is a price. Fewer evenings with your pals, more lunches and dinners at your desk, even less time with your family. And perhaps most of all, an understanding of what you believe your life's purpose may be -- are you in it for the money, the fame, or do you see Justice as a calling?

I like to analogize a trial lawyer to the practice of medicine. Your first day as an intern will be limited to giving out some Tylenol. As a resident in the ER, you may keep people from dying. As Chief Resident, you may actually cause them to survive.

One day, you realize that you are Chief of Neurosurgery. After lots of small mistakes from which you have learned, you know that you can discern life-saving treatments at which others seem to marvel.

If you are true to your chosen profession, you have a second duty the obligation to help, coach, train, and work with the next generation of potentially skilled practitioners. They can only learn so much by watching. They can learn best by trial-and- error. Your job, at most is to guide them to the path with the fewest errors.

A previous blogger who suggested that you need not listen to my 'crap' is absolutely right. In this great country you get to choose your path. You may think that I am totally full of 'crap', or you can think - perhaps even delve into thoughts about how you see your life evolving. Then you can make the best choice for you. Unfortunately, for nearly all, you only get to make a single choice. Robert Frost was right - "and that has made all the difference."

Choose wisely!

omar said...

damn straight abe!

you come at the king, you best not miss.

Anonymous said...

if by "loser" you mean someone very intelligent and adept at analysis who can spell Colombia, then yes.

If by "blogger" I meant inane attorney who should stop reading this blog, posting on this blog, and is a total waste, then yes also.

Anonymous said...

To Abe or Fake Abe: You did brag about only losing 4 cases in 20 years then named the attorneys and then described the cases. Implicit in that is bragging about how great you are. To Rumpole: you don't want me on your blog because you traced my identity and don't like the fact that someone with experience and a brain can not only keep up with you but see through most of your b.s. You never addressed the core issue of representing people for money where you know they want results even if it means the lawyer commits felonies to win the case- witness tampering, bribes, jury tampering etc. That was the main basis of the post I made and you turned it around because you could not intellectually defend bribing jurors in federal court - 3 in the Maglutta case- so that that you can drive a porsche and live in a mansion. You are very good and evading answering the tough questions and then you just say stay off my blog. In NY we called that being a p.s.y.

Anonymous said...

oh thank god Rumpole is o.k.

god help us if we lose this blog because of the death of Rumpole.

How can we spread outright lies, rumors, accusations that we know are not true.

What is a lie anyway.

Rumpole said...

An idiot said:
To Rumpole: you don't want me on your blog because you traced my identity and don't like the fact that someone with experience and a brain can not only keep up with you but see through most of your b.s. You never addressed the core issue of representing people for money where you know they want results even if it means the lawyer commits felonies to win the case- witness tampering, bribes, jury tampering etc. That was the main basis of the post I made and you turned it around because you could not intellectually defend bribing jurors in federal court -

Rumpole says: I don't care what you do. I do wonder how you make it through the day. It seems to me that brushing your teeth is a sufficient mental challenge.

I didn't trace your identity. I cannot do that.

I did address your points. To say that because in one or two cases a lawyer comitted a crime while representing a client, means all defense attorneys do that...well that sinks to a level of stupidity that I could not raise no matter how hard I tried. Raising the Titanic would be easier.

Yes I do this for money. So does the doctor that treats your dementia.

But as I have told others of your ilk, just keep hating defense attorneys...until the government comes for you. Then what?

Anonymous said...

Rumpole: please guard your anonymity at all costs - I do not want to know who you are because if I did...fugetaboutit.

CAPTAIN said...

HEY RUMP, BIG NEWS FOR ALL YOU BRUMMER FANS:

THE CAPTAIN REPORTS:

CASE NO.: SC06-1932

THE FLORIDA BAR vs. GABRIEL I. MARTIN

The Joint Motion to Amend Emergency Suspension is granted. The Petition for Emergency Suspension filed pursuant to Rule 3-5.2 of the Rules Regulating The
Florida Bar is approved and it is hereby ordered that the respondent is suspended from
the practice of law until further order of this Court; however, respondent is permitted
to continue the practice of law solely and exclusively to complete his duties as defense
counsel in Broward County, Florida in case no. 04-6701 CF 10 A through K through verdict. Respondent is further ordered to abide by the conditions of this emergency suspension in all other respects ...

I guess Bennett won't have to worry about GM as an opponent in 2008.

CAPTAIN OUT .................

Anonymous said...

Bennett could of cared less about Martin he never stood a chance against honest abe (bennett).

Rumpole for PD in 2008!!!!

CAPTAIN said...

GM is not alone, here is another attorney on life support:

THE CAPTAIN REPORTS:

The Florida Bar v. Guillermo Pena

SC04-2367

(set for oral argument on 11/2/06)

Previously, this Court suspended Mr. Pena from the practice of law for one year. When he filed for reinstatement in The Florida Bar, the Bar challenged it, arguing he should be held in contempt and disbarred for continuing to practice law during his suspension. The judge who served as a referee found that Mr. Pena had practiced law and recommended that he be disbarred. Mr. Pena challenges the referee's findings and disciplinary recommendation.

CAPTAIN OUT ............

Anonymous said...

Warren Schwartz must be jumping with glee. Poor Gabe, he is a nice guy.

Anonymous said...

Rumpole in 08? Rumpole does not seem like the political type? Gabe belongs to the wrong political party and when the bar gets done with him he will be a beaten man. I'd like to see Judge Emas become PD.

CAPTAIN said...

THE CAPTAIN REPORTS:

Emas has no interest in being the PD. He would like to get to the 3rd DCA, Fla. Supreme Court or U.S. Dist. Ct. and he is more than qualified to handle any of those assignments....

... on the other hand, yours truly would like to be the Public Defender after Bennett retires ......

CAPTAIN OUT ............

Anonymous said...

im a young def atty and am very liberal. some may even say i am part of the kool aid left.

however, abe is awesome. that guy is a class act, a true professional, and gifted attorney. like i am glad we have great def attys, i am equally glad we have abe.

props to you abe, and thank you.

Anonymous said...

Vote in 08 for Rumpole for PD.

Rumpole rumors and lies for a change.

Vote Rumpole and you will not be banned.

Anonymous said...

Captain,

What did Martin do?

Rumpole said...

Rumpole: please guard your anonymity at all costs - I do not want to know who you are because if I did...fugetaboutit.

Rumpole says: yeah. You and what army?

Rumpole said...

I shall not seek, and will not accept my colleagues nomination to run for Public Defender in 2008.
If nominated, I will not run. If elected - I will cash in on 4 years of a gravy train.

However, in all seriousness, if the Captain ran and won, I would volunteer to be a training attorney. I think training young lawyers would be a great career change.

Sigmund Freud said...

lurvey, lyons and denaro have NOT been around long enough to be rumpole. neither is fingerhut. reiff doesnt have the wit, though milt hersch is a possibilty. milt, however, is a much better writer than rumpole and wouldnt use the same tired prose over and over.

the profile of rumpole is a white, non-hispanic, jewish male approximately 48-55, with no wife and no small children about. he is not athletic and doesnt gamble at cards in vegas, though he will place bets with a bookie.

hes been here in miami a long time, but originally from either the northeast or midwest. his pompous attitude was the catalyst for his divorce. he now has hair in his ears and doesnt care.

he professes to not know people who may e-mail him in his effort to throw them off the scent. yet, we are such a small community at the regjb that anyone who knows a, b and c, definitely knows d. so, he is insecure and uses weak attempts at misdirection.

he is a former pd or asa. more likely the latter than the former. he could have worked for hubbard, gerstein or reno, or a combination.

more to come.

Anonymous said...

What happened to Martin that he was suspended from practicing law?!?! Was it Brummer?

Anonymous said...

Captian
When he retires? You might be waiting a long time...

Anonymous said...

captian
the revolutionary court will consider your request. but first:
1. are you a current or former PD?
2. will you force warren to retire?
3. will you sleep in your car during work hours?

Rumpole said...

A detective wrote:

the profile of rumpole is a white, non-hispanic, jewish male approximately 48-55, with no wife and no small children about. he is not athletic and doesnt gamble at cards in vegas, though he will place bets with a bookie.

R sez: 4 right 5 wrong

hes been here in miami a long time, but originally from either the northeast or midwest. his pompous attitude was the catalyst for his divorce. he now has hair in his ears and doesnt care.

R sez- 2 right 2 wrong -Plus how hard is it to guess i am from a spot in 2/3 of the country?

he professes to not know people who may e-mail him in his effort to throw them off the scent. yet, we are such a small community at the regjb that anyone who knows a, b and c, definitely knows d. so, he is insecure and uses weak attempts at misdirection.

R sez- I am tricky, but I really don't know who you are Mr. b

he is a former pd or asa. more likely the latter than the former. he could have worked for hubbard, gerstein or reno, or a combination.

R sez- wow- 95% of the lawyers in the REGJB are former PDs or ASAs. Gee you are really close now.

Give it up. Nobody knows and nobody ever will until I am ready.

Anonymous said...

Why is everyone hating on Marcus? The guy is one of the masters.

Anonymous said...

masters of what? criminal trial work? has he ever tried a murder? name me one great criminal trial lawyer who has never either prosecuted or defended a murderer.

Anonymous said...

The Supreme Court order has a lot of references to trust accounts.

Is Gabe Martin another Knovack Jones?

Didn't he just get $200,000 from Brummer?

Anonymous said...

Oh well, I guess Gabe Martin just gave a reason to be BANNED BY BRUMMER!

Anonymous said...

Really 2:12. A person cannot be a great trial lawyer without ever having had a murder case? Step out of your bubble.

Anonymous said...

i said a criminal trial lawyer. can't you read? stick to civil law and get off our blog.

Anonymous said...

By the way 2:41, if you keep at it I will put a call in to RORY AND GET you BANNED BY BRUMMER! Then if you ever get the balls up to try a murder case where you gonna take your depositions? Think about it before you pipe up again.

Anonymous said...

Will someone please tell me what Morley Safer AND Barrak Obama were doing nosing around the Justice Building last week????

Anonymous said...

Wouldn't it be funny if Andy Kotzin turned out to be Rumpole??

No DUI Guy said...

I filed one of those "Kotzin" motions that everyone is emailing on the intox 8000 in Broward County and got laughed out of court. Apparently Kotzin is considered a buffoon in Broward DUI courts.

Anonymous said...

I hate Kotzin. Worst DUI lawyer around.

Anonymous said...

Coker, I love ya but it's time to go.

Anonymous said...

I represented Knovack Jones years ago when she refused to pay her student loans. Loser!!

Anonymous said...

Another variation: A scot is a payment or a charge, also an assessment or tax. To get off "scot free" means you get off without paying anything; no assessment, fine or tax. Check "scot" in any good dictionary.